There are many myths about the minor injury ‘cap’ that stop people from getting the compensation they deserve after they are injured in a car accident. The more you understand about the ‘cap’ and the myths surrounding it, the better prepared you will be to make the right decisions when you are ready to settle with the insurance company.
People that have been injured in motor vehicle accidents often hear about the soft tissue injury ‘cap.’ In Alberta, the government set a minor injury ‘cap’ on how much people who have whiplash or soft tissue injuries can recover from insurance companies. This legislation and associated regulations has created much confusion for the public, insurance adjusters, and even lawyers.
Here is what you need to know about the myths around the ‘cap’ to make sure you get the compensation you deserve:
I have a WAD I or II injury, so my claim is ‘capped.’
Whiplash Associated Disorder (WAD) 1 and 2 injuries are the most commonly diagnosed injuries resulting from car crashes. Many insurance companies would have you believe that WAD I and II injuries will always fall under the ‘cap.’ This is not true. Developments in decisions from Alberta courts have created certain circumstances where these types of injuries are not ‘capped’ and your compensation should be higher than the legislated amount.
The most compensation I can get for my minor injuries is the ‘cap’ amount.
The ‘cap’ amount only covers the pain and suffering you experienced. You may deserve compensation under the many other heads of damage that exist, especially if your injuries have caused a “significant impairment” to the tasks you perform in your daily life.
I can trust that my insurance company has my best interests in mind.
Insurance companies prioritize profit over all else. The very fact that the ‘cap’ legislation was put into place was the result of very aggressive government lobbying by insurance companies. Make sure you have everything you need to make an informed decision and think twice before signing any documents an insurance company wants you to without talking to a lawyer. Once you settle your claim with an insurance company, you can’t reopen it.
Know your rights and don’t believe the myths! Call the experts at McGuiness Law today for a free consultation.